c 9 The Tobacco Tax Amendment Act, 1970

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1 Ontario: Annual Statutes 1970 c 9 The Tobacco Tax Amendment Act, 1970 Ontario Queen's Printer for Ontario, 1970 Follow this and additional works at: Bibliographic Citation The Tobacco Tax Amendment Act, 1970, SO 1970, c 9 Repository Citation Ontario (1970) "c 9 The Tobacco Tax Amendment Act, 1970," Ontario: Annual Statutes: Vol. 1970, Article 11. Available at: This Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario: Annual Statutes by an authorized administrator of Osgoode Digital Commons.

2 1970 TOBACCO TAX Chap CHAPTER 9 An Act to amend The Tobacco Tax Act, 1965 Assented to May 4th, 1970 S ession Prorogued Noi ember 13th, 1970 HER :\IAJESTY, Lv and with the advice and consent of the Legislative..\ssembly of the Province of Ontario, enacts as follo\ys: 1.-(1) Clause a of section 1 of The Tobacco Tax Act, 1965 s c. 130 l, cl. a, is repealed. repealed (2) T he said section 1 is by adding thereto the ~'.3~~ c. 130 following clause: (ca) ").Jinister" means the ).linister of Revenue. 2. Subsection 2 of section 2 of The Tobacco Tax Act, , c. 1so. $. 2, SU bs. 2, is by striking out "Treasurer" in the second line and in the fourth line and inserting in lieu thereof in each instance ":'ii inister". 3. Section 4 of The Tobacco Tax Act, 1965 is repealed and!,9~5. c the following substituted therefor: re-e'nacted 4. The :\linister may suspend or cancel the permit of ~~'~ia';.~~1 1~any \dwlesale dealer who, tion of wholesale dealer s (a) refuses or neglects to account for and pay as permit herein required moneys received by him as proceeds of the lax; or (b) refuses or neglects to furnish a surety bond \1-hen so required under the regulations, but, before a suspension or cancdlalion is made, the wholesale dealer shall be afforded an opportunity to appear before the :.\/ inister to shmv cause why the permit should not be suspended or cancelled, as the case may be. 4. Section 5 of The Tobacco Tax Act, 196j is by ~.G~? 0 130, striking out "Comptroller" in the ninth line and in the eleventh line and inserting in lieu thereof in each instance ":'IJ inister". 5.

3 30 Chap. 9 TODACCO TAX c The Tobacco Tax Act, 1965 is by adding thereto the following section: Sc<les of tobacco under R.S , (', 43 Idem Sa.-(1) No wholesale dealer shall dispose of his stock through a sale in bulk as defined in The Bulk Sales Act without first obtaining a certificate in duplicate from the lvfinister that all taxes collectable or payable under this Act by such wholesale dealer have been paid. (2) Every person purchasing tobacco stock through a sale in bulk as defined in The Bulk Sales Act shall obtain from the wholesale dealer selling such stock the duplicate copy of the certificate furnished under subsection 1, and if he fails to do so, he is responsible for payment to the Treasurer of all taxes collectable or payable under this Act by the wholesale dealer thus disposing of his tobacco stock through a sale in bulk. rnsz;, c. 1so, 6. Subsection 2 of section 7 of The Tobacco Tax Act, 1965 is repealed and the following substituted therefor: s. 7, subs. 2, re-enacted Default in payment over to Treasurer TI..S.C. 1952, c. 1'I UJG5, c. 1 30, s. 8, subs. 1, 1!365, c. 1::10, s. s. suhs. 2, 1965, C. 130, B. 8, subs. 3, L9C5, c. 130,. 8,subs. 4, (2) If any person who has collected any tax imposed by this Act fails to pay it over to the Treasurer at the time and in the manner prescribed by the regulations or by agreement made under the regulations, as the case may be, the amount thereof becomes a debt due to Her ivfajesty in right of Ontario and is a lien upon the property in Ontario of the person in default and, subject to the Bankruptcy Act (Canada), has priority over all other claims of other persons, and it shall bear interest at the rate prescribed by the regulations from the day the amount was due until it is paid. 7.-(1) Subsection l of section 8 of The Tobacco Tax Act, 1965 is by striking out "Treasurer" m the first line and inserting in lieu thereof "lviinister". (2) Subsection 2 of the said section 8 is by lieu thereof "Minister". (3) Subsection 3 of the said section 8 is by li~u thereof ":Vlinister". (4) Subsection 4 of the said section S is by lieu

4 1970 TOBACCO TAX Chap lieu thereof " Minister" a nd by striking out " Office of the Comptroller of Revenue" in the sixth line and inserting in lieu thereof "Department of I<.evenue". (5) Subsection 5 of the said section 8 is by rnsr;, c. 130, s. 8, subs. 5, lieu thereof "?vlinister". (6) Subsection 6 of the said section 8 is by 1965, c s. s. subs. 6. striking out "Office of the Comptroller of Revenue" in the fourth line and inserting in lieu thereof "Department of Revenue" and by striking out "Comptroller" in the sixth line and in the seventh line and inserting in lieu thereof in each instance ''Minister''. (7) The said section 8 is by adding thereto the!?~ ~ c. 130 following subsection: (8) The ~Jinistcr at any time for anv purpose related Inventory.J report to the administration or enforcement of this Act and the regulations may require a dealer to complete an inventory report showing all tobacco in his possession in respect of which the tax imposed by this Act has not been paid. 8. Subsection 1 of section 9 of The Tobacco Tax Act, 1965!. 9 ~~ s~iii". 3?: is by striking out "Treasurer" in the first line and inserting in lieu thereof "~'Iinister". 9 Sb u section. 2 o f section. 11 o fth e Tb o acco T ax A ct, 1n6" rnsr.;,c.130, Y ) s. 11. su bs. 2. 1s. amen d e d b y stn 'k' mg out "T reasurer ". m t h c fi rst l" me an d in the tenth line and inserting in lieu thereof in each instance ":\Tinister". 10. Section 15 of The Tobacco Tax Act, 1965 is repea led. t. 9 r~ : 11.-(1) Section 16 of The Tobacco Tax Act, 1965 by adding thereto the following clauses: (ea) providing for the extension of time for making returns; ' repealed s 1 965, c B. 16, (ga) prescribing the rate of interest payable on a mounts payable to or to be remitted to the T reasurer under this Act; (la)

5 32 Chap.9 TOBACCO TAX 1970 rnlio, c. 130, B, Hi, cl. g. (la) authorizing or requiring the Deputy i\1inister or any other ollicer of the Department of Revenue to exercise any power or perform any duty conferred or imposed upon the l\1inister by this Act. (2) Clause g of the said section 16 is by striking out "Comptroller" in the first line and inserting in lieu thereof "ivlinister". Cotnmencemcnt Idem Short title 12.- (1) This Act, except section 6, comes into force on the day it receives Royal Assent. (2) Section 6 comes into force on the 1st day of June, :~. This Act may be cited as The Tobacco Tax Amendment Act, CHAPTER